81_FR_27104 81 FR 27017 - Approval and Promulgation of Implementation Plans; Idaho: Interstate Transport Requirements for the 2010 Nitrogen Dioxide National Ambient Air Quality Standards

81 FR 27017 - Approval and Promulgation of Implementation Plans; Idaho: Interstate Transport Requirements for the 2010 Nitrogen Dioxide National Ambient Air Quality Standards

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 87 (May 5, 2016)

Page Range27017-27019
FR Document2016-10452

The Environmental Protection Agency (EPA) is taking final action to approve a submittal by the Idaho Department of Environmental Quality (Idaho DEQ) demonstrating that the State Implementation Plan (SIP) meets certain interstate transport requirements of the Clean Air Act (CAA) for the National Ambient Air Quality Standards (NAAQS) promulgated for nitrogen dioxide (NO<INF>2</INF>) on January 22, 2010. Specifically, the Idaho DEQ reviewed monitoring and modeling data to show that sources within Idaho do not significantly contribute to nonattainment, or interfere with maintenance, of the NO<INF>2</INF> NAAQS in any other state.

Federal Register, Volume 81 Issue 87 (Thursday, May 5, 2016)
[Federal Register Volume 81, Number 87 (Thursday, May 5, 2016)]
[Rules and Regulations]
[Pages 27017-27019]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-10452]


=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2015-0855; FRL-9946-00-Region 10]


Approval and Promulgation of Implementation Plans; Idaho: 
Interstate Transport Requirements for the 2010 Nitrogen Dioxide 
National Ambient Air Quality Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve a submittal by the Idaho Department of Environmental 
Quality (Idaho DEQ) demonstrating that the State Implementation Plan 
(SIP) meets certain interstate transport requirements of the Clean Air 
Act (CAA) for the National Ambient Air Quality Standards (NAAQS) 
promulgated for nitrogen dioxide (NO2) on January 22, 2010. 
Specifically, the Idaho DEQ reviewed monitoring and modeling data to 
show that sources within Idaho do not significantly contribute to 
nonattainment, or interfere with maintenance, of the NO2 
NAAQS in any other state.

DATES: This action is effective on June 6, 2016.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R10-OAR-2015-0855. All documents in the docket are 
listed on the http://www.regulations.gov Web site. Although listed in 
the index, some information may not be publicly available, i.e., 
Confidential Business Information or other information the disclosure 
of which is restricted by statute. Certain other material, such as 
copyrighted material, is not placed on the Internet and is publicly 
available only in hard copy form. Publicly available docket materials 
are available at http://www.regulations.gov or at EPA Region 10, Office 
of Air, Waste and Toxics, 1200 Sixth Avenue, Seattle, Washington 98101. 
The EPA requests that you contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to schedule your inspection. The Regional 
Office's official hours of business are Monday through Friday, 8:30 to 
4:30, excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: For information please contact John 
Chi at (206) 553-1185, or [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, it is intended to refer to the EPA.

[[Page 27018]]

Table of Contents

I. Background
II. Response to Comment
III. Final Action
IV. Statutory and Executive Orders Review

I. Background

    In a notice of proposed rulemaking published on February 12, 2016 
(81 FR 7489), the EPA proposed to find that the Idaho SIP adequately 
addressed the interstate transport requirements of CAA section 
110(a)(2)(D)(i)(I) for the 2010 NO2 NAAQS. Please see our 
February 12, 2016, proposed rulemaking for further explanation and the 
basis for our finding. The public comment period for the proposed rule 
ended on March 14, 2016, and we received one comment.

II. Response to Comment

    Comment: The commenter stated that the implementation of this law 
is crucial in Idaho because of the pollution coming from farming 
communities and cities and suggested lowering the allowed 
NO2 standard because of the small population of people that 
live in Idaho, when compared to Utah. The commenter proposed that the 
amount of pollution produced by each person should be made a standard 
and that companies should be held accountable for the pollution they 
produce. Although the commenter supports approval, the commenter 
believes that the law should have stricter requirements.
    Response: Under section 110 of the CAA, states are responsible for 
developing provisions to address air pollution for incorporation into 
the SIP. The EPA's role is to evaluate these state choices to determine 
if the revisions meet the requirements of the CAA. The EPA must approve 
state submissions so long as they meet the minimum requirements 
established by the CAA. Union Electric Co. v. EPA, 427 U.S. 246 (1976). 
In this case, the state's submission included provisions selected by 
Idaho for inclusion in its SIP to meet the CAA section 
110(a)(2)(D)(i)(I) interstate transport requirements for the 2010 
NO2 NAAQS. The commenter does not suggest that the state's 
submission does not meet the applicable requirements. We have 
determined that the state's submission met those requirements, and thus 
we are approving the SIP. States have authority to adopt or enforce 
standards or requirements for the control or abatement of air pollution 
(except as specifically limited by the CAA) under section 116 of the 
CAA, so we provided a copy of the comment to Idaho Department of 
Environmental Quality for consideration during future state rulemaking, 
but we are otherwise taking no further action in response to the 
comment.

III. Final Action

    The EPA finds that the Idaho SIP meets the interstate transport 
requirements of CAA section 110(a)(2)(D)(i)(I) for the 2010 
NO2 NAAQS. This action is being taken under section 110 of 
the CAA.

IV. Statutory and Executive Orders Review

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, the EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this action merely approves state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     Does not provide the EPA with the discretionary authority 
to address, as appropriate, disproportionate human health or 
environmental effects, using practicable and legally permissible 
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
    The SIP is not approved to apply on any Indian reservation land or 
in any other area where the EPA or an Indian tribe has demonstrated 
that a tribe has jurisdiction. In those areas of Indian country, the 
rule does not have tribal implications and it will not impose 
substantial direct costs on tribal governments or preempt tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. The EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by July 5, 2016. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for the purposes of 
judicial review nor does it extend the time within which a petition for 
judicial review may be filed, and shall not postpone the effectiveness 
of such rule or action. This action may not be challenged later in 
proceedings to enforce its requirements. (See section 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Reporting and 
recordkeeping requirements.

    Dated: April 25, 2016.
Dennis J. McLerran,
Regional Administrator, Region 10.

    For the reasons set forth in the preamble, 40 CFR part 52 is 
amended as follows:

[[Page 27019]]

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart N--Idaho

0
2. In Sec.  52.670, the table in paragraph (e) is amended by adding an 
entry at the end of the table for ``Interstate Transport Requirements 
for the 2010 NO2 NAAQS'' to read as follows:


Sec.  52.670  Identification of plan.

* * * * *
    (e) * * *

                    EPA-Approved Idaho Nonregulatory Provisions and Quasi-Regulatory Measures
----------------------------------------------------------------------------------------------------------------
                                       Applicable
      Name of SIP provision        geographic or non-  State submittal   EPA Approval date         Comments
                                    attainment area          date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Interstate Transport              State-wide.........      12/24/2015   5/5/2016 [Insert     This action
 Requirements for the 2010 NO2                                           Federal Register     addresses the
 NAAQS.                                                                  citation].           following CAA
                                                                                              elements:
                                                                                              110(a)(2)(D)(i)(I)
                                                                                              .
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2016-10452 Filed 5-4-16; 8:45 am]
BILLING CODE 6560-50-P



                                                               Federal Register / Vol. 81, No. 87 / Thursday, May 5, 2016 / Rules and Regulations                                         27017

                                           small entities that question or complain                environment. This rule involves the                   ENVIRONMENTAL PROTECTION
                                           about this rule or any policy or action                 alteration of the size and use of                     AGENCY
                                           of the Coast Guard.                                     anchorage ‘‘10,’’ restricted Naval
                                                                                                   Anchorage. It is categorically excluded               40 CFR Part 52
                                           C. Collection of Information
                                                                                                   from further review under paragraph                   [EPA–R10–OAR–2015–0855; FRL–9946–00–
                                             This rule will not call for a new                     34(f) of Figure 2–1 of Commandant                     Region 10]
                                           collection of information under the                     Instruction M16475.lD. An
                                           Paperwork Reduction Act of 1995 (44                                                                           Approval and Promulgation of
                                                                                                   environmental analysis checklist
                                           U.S.C. 3501–3520).                                                                                            Implementation Plans; Idaho:
                                                                                                   supporting this determination and a
                                           D. Federalism and Indian Tribal                         Categorical Exclusion Determination are               Interstate Transport Requirements for
                                           Governments                                                                                                   the 2010 Nitrogen Dioxide National
                                                                                                   available in the docket where indicated
                                                                                                                                                         Ambient Air Quality Standards
                                              A rule has implications for federalism               under ADDRESSES. We seek any
                                           under Executive Order 13132,                            comments or information that may lead                 AGENCY:  Environmental Protection
                                           Federalism, if it has a substantial direct              to the discovery of a significant                     Agency (EPA).
                                           effect on the States, on the relationship               environmental impact from this rule.                  ACTION: Final rule.
                                           between the national government and
                                                                                                   List of Subjects in 33 CFR Part 110                   SUMMARY:   The Environmental Protection
                                           the States, or on the distribution of
                                                                                                                                                         Agency (EPA) is taking final action to
                                           power and responsibilities among the                        Anchorage grounds.                                approve a submittal by the Idaho
                                           various levels of government. We have
                                                                                                     For the reasons discussed in the                    Department of Environmental Quality
                                           analyzed this rule under that Order and
                                                                                                   preamble, the Coast Guard amends 33                   (Idaho DEQ) demonstrating that the
                                           have determined that it is consistent
                                                                                                   CFR part 110 as follows:                              State Implementation Plan (SIP) meets
                                           with the fundamental federalism
                                                                                                                                                         certain interstate transport requirements
                                           principles and preemption requirements
                                                                                                   PART 110—ANCHORAGE                                    of the Clean Air Act (CAA) for the
                                           described in Executive Order13132.
                                              Also, this rule does not have tribal                 REGULATIONS                                           National Ambient Air Quality Standards
                                                                                                                                                         (NAAQS) promulgated for nitrogen
                                           implications under Executive Order
                                                                                                     1. The authority citation for part 110              dioxide (NO2) on January 22, 2010.
                                           13175, Consultation and Coordination                    ■
                                                                                                                                                         Specifically, the Idaho DEQ reviewed
                                           with Indian Tribal Governments,                         continues to read as follows:
                                                                                                                                                         monitoring and modeling data to show
                                           because it does not have a substantial                    Authority: 33 U.S.C. 471, 1221 through              that sources within Idaho do not
                                           direct effect on one or more Indian                     1236, 2071; 33 CFR 1.05–1; Department of              significantly contribute to
                                           tribes, on the relationship between the                 Homeland Security Delegation No. 0170.1.              nonattainment, or interfere with
                                           Federal Government and Indian tribes,
                                                                                                                                                         maintenance, of the NO2 NAAQS in any
                                           or on the distribution of power and                     ■ 2. Revise § 110.157(a)(11) to read as               other state.
                                           responsibilities between the Federal                    follows:                                              DATES: This action is effective on June
                                           Government and Indian tribes. If you
                                           believe this rule has implications for                  § 110.157    Delaware Bay and River.                  6, 2016.
                                           federalism or Indian tribes, please                                                                           ADDRESSES: The EPA has established a
                                                                                                     (a) * * *                                           docket for this action under Docket ID
                                           contact the person listed in the FOR
                                           FURTHER INFORMATION CONTACT section.                      (11) Anchorage 10 at Naval Base,                    No. EPA–R10–OAR–2015–0855. All
                                                                                                   Philadelphia. On the north side of the                documents in the docket are listed on
                                           E. Unfunded Mandates Reform Act                         channel along Eagle Point Range,                      the http://www.regulations.gov Web
                                             The Unfunded Mandates Reform Act                      bounded as follows: Beginning off of the              site. Although listed in the index, some
                                           of 1995 (2 U.S.C. 1531–1538) requires                   southeasterly corner of Pier 1 at                     information may not be publicly
                                           Federal agencies to assess the effects of               39°53′07″ N., 075°10′30″ W., thence                   available, i.e., Confidential Business
                                           their discretionary regulatory actions. In              south to the to the north edge of the                 Information or other information the
                                           particular, the Act addresses actions                                                                         disclosure of which is restricted by
                                                                                                   channel along Eagle Point Range to
                                           that may result in the expenditure by a                                                                       statute. Certain other material, such as
                                                                                                   39°52′58″ N., 075°10′29″ W., thence east
                                           State, local, or tribal government, in the                                                                    copyrighted material, is not placed on
                                                                                                   along the edge of the channel to                      the Internet and is publicly available
                                           aggregate, or by the private sector of                  39°52′56″ N., 075°09′53″ W., thence
                                           $100,000,000 (adjusted for inflation) or                                                                      only in hard copy form. Publicly
                                                                                                   north to 39°53′07″ N., 075°09′54″ W.,                 available docket materials are available
                                           more in any one year. Though this rule
                                                                                                   thence continuing west to the beginning               at http://www.regulations.gov or at EPA
                                           will not result in such an expenditure,
                                                                                                   point at 39°53′07″ N., 075°10′30″ W.                  Region 10, Office of Air, Waste and
                                           we do discuss the effects of this rule
                                                                                                   These coordinates are based on WGS 84.                Toxics, 1200 Sixth Avenue, Seattle,
                                           elsewhere in this preamble.
                                                                                                   *     *    *      *    *                              Washington 98101. The EPA requests
                                           F. Environment                                                                                                that you contact the person listed in the
                                                                                                     Dated: April 22, 2016.
                                             We have analyzed this rule under                                                                            FOR FURTHER INFORMATION CONTACT
                                                                                                   Robert J. Tarantino,                                  section to schedule your inspection. The
                                           Department of Homeland Security
                                           Management Directive 023–01 and                         Captain, U.S. Coast Guard, Acting                     Regional Office’s official hours of
                                           Commandant Instruction M16475.lD,                       Commander, Fifth Coast Guard District.                business are Monday through Friday,
                                           which guide the Coast Guard in                          [FR Doc. 2016–10577 Filed 5–4–16; 8:45 am]            8:30 to 4:30, excluding Federal holidays.
                                           complying with the National                             BILLING CODE 9110–04–P                                FOR FURTHER INFORMATION CONTACT: For
ehiers on DSK5VPTVN1PROD with RULES




                                           Environmental Policy Act of 1969 (42                                                                          information please contact John Chi at
                                           U.S.C. 4321–4370f), and have made a                                                                           (206) 553–1185, or chi.john@epa.gov.
                                           preliminary determination that this                                                                           SUPPLEMENTARY INFORMATION:
                                           action is one of a category of actions that                                                                   Throughout this document whenever
                                           do not individually or cumulatively                                                                           ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, it is
                                           have a significant effect on the human                                                                        intended to refer to the EPA.


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                                           27018               Federal Register / Vol. 81, No. 87 / Thursday, May 5, 2016 / Rules and Regulations

                                           Table of Contents                                       for consideration during future state                    • Does not provide the EPA with the
                                           I. Background                                           rulemaking, but we are otherwise taking               discretionary authority to address, as
                                           II. Response to Comment                                 no further action in response to the                  appropriate, disproportionate human
                                           III. Final Action                                       comment.                                              health or environmental effects, using
                                           IV. Statutory and Executive Orders Review                                                                     practicable and legally permissible
                                                                                                   III. Final Action
                                                                                                                                                         methods, under Executive Order 12898
                                           I. Background                                             The EPA finds that the Idaho SIP                    (59 FR 7629, February 16, 1994).
                                              In a notice of proposed rulemaking                   meets the interstate transport                           The SIP is not approved to apply on
                                           published on February 12, 2016 (81 FR                   requirements of CAA section                           any Indian reservation land or in any
                                           7489), the EPA proposed to find that the                110(a)(2)(D)(i)(I) for the 2010 NO2                   other area where the EPA or an Indian
                                           Idaho SIP adequately addressed the                      NAAQS. This action is being taken                     tribe has demonstrated that a tribe has
                                           interstate transport requirements of                    under section 110 of the CAA.                         jurisdiction. In those areas of Indian
                                           CAA section 110(a)(2)(D)(i)(I) for the                                                                        country, the rule does not have tribal
                                           2010 NO2 NAAQS. Please see our                          IV. Statutory and Executive Orders                    implications and it will not impose
                                           February 12, 2016, proposed rulemaking                  Review                                                substantial direct costs on tribal
                                           for further explanation and the basis for                  Under the Clean Air Act, the                       governments or preempt tribal law as
                                           our finding. The public comment period                  Administrator is required to approve a                specified by Executive Order 13175 (65
                                           for the proposed rule ended on March                    SIP submission that complies with the                 FR 67249, November 9, 2000).
                                           14, 2016, and we received one                           provisions of the Act and applicable                     The Congressional Review Act, 5
                                           comment.                                                Federal regulations. 42 U.S.C. 7410(k);               U.S.C. 801 et seq., as added by the Small
                                                                                                   40 CFR 52.02(a). Thus, in reviewing SIP               Business Regulatory Enforcement
                                           II. Response to Comment
                                                                                                   submissions, the EPA’s role is to                     Fairness Act of 1996, generally provides
                                              Comment: The commenter stated that                   approve state choices, provided that                  that before a rule may take effect, the
                                           the implementation of this law is crucial               they meet the criteria of the Clean Air               agency promulgating the rule must
                                           in Idaho because of the pollution                       Act. Accordingly, this action merely                  submit a rule report, which includes a
                                           coming from farming communities and                     approves state law as meeting Federal                 copy of the rule, to each House of the
                                           cities and suggested lowering the                       requirements and does not impose                      Congress and to the Comptroller General
                                           allowed NO2 standard because of the                     additional requirements beyond those                  of the United States. The EPA will
                                           small population of people that live in                 imposed by state law. For that reason,                submit a report containing this action
                                           Idaho, when compared to Utah. The                       this action:                                          and other required information to the
                                           commenter proposed that the amount of
                                                                                                      • Is not a ‘‘significant regulatory                U.S. Senate, the U.S. House of
                                           pollution produced by each person                                                                             Representatives, and the Comptroller
                                                                                                   action’’ subject to review by the Office
                                           should be made a standard and that                                                                            General of the United States prior to
                                                                                                   of Management and Budget under
                                           companies should be held accountable                                                                          publication of the rule in the Federal
                                                                                                   Executive Orders 12866 (58 FR 51735,
                                           for the pollution they produce.                                                                               Register. A major rule cannot take effect
                                                                                                   October 4, 1993) and 13563 (76 FR 3821,
                                           Although the commenter supports                                                                               until 60 days after it is published in the
                                           approval, the commenter believes that                   January 21, 2011);
                                                                                                      • Does not impose an information                   Federal Register. This action is not a
                                           the law should have stricter                                                                                  ‘‘major rule’’ as defined by 5 U.S.C.
                                           requirements.                                           collection burden under the provisions
                                                                                                   of the Paperwork Reduction Act (44                    804(2).
                                              Response: Under section 110 of the                                                                            Under section 307(b)(1) of the Clean
                                           CAA, states are responsible for                         U.S.C. 3501 et seq.);
                                                                                                      • Is certified as not having a                     Air Act, petitions for judicial review of
                                           developing provisions to address air                                                                          this action must be filed in the United
                                           pollution for incorporation into the SIP.               significant economic impact on a
                                                                                                   substantial number of small entities                  States Court of Appeals for the
                                           The EPA’s role is to evaluate these state                                                                     appropriate circuit by July 5, 2016.
                                           choices to determine if the revisions                   under the Regulatory Flexibility Act (5
                                                                                                   U.S.C. 601 et seq.);                                  Filing a petition for reconsideration by
                                           meet the requirements of the CAA. The                                                                         the Administrator of this final rule does
                                           EPA must approve state submissions so                      • Does not contain any unfunded
                                                                                                   mandate or significantly or uniquely                  not affect the finality of this action for
                                           long as they meet the minimum                                                                                 the purposes of judicial review nor does
                                           requirements established by the CAA.                    affect small governments, as described
                                                                                                   in the Unfunded Mandates Reform Act                   it extend the time within which a
                                           Union Electric Co. v. EPA, 427 U.S. 246                                                                       petition for judicial review may be filed,
                                           (1976). In this case, the state’s                       of 1995 (Pub. L. 104–4);
                                                                                                      • Does not have Federalism                         and shall not postpone the effectiveness
                                           submission included provisions                                                                                of such rule or action. This action may
                                           selected by Idaho for inclusion in its SIP              implications as specified in Executive
                                                                                                   Order 13132 (64 FR 43255, August 10,                  not be challenged later in proceedings to
                                           to meet the CAA section                                                                                       enforce its requirements. (See section
                                           110(a)(2)(D)(i)(I) interstate transport                 1999);
                                                                                                                                                         307(b)(2)).
                                           requirements for the 2010 NO2 NAAQS.                       • Is not an economically significant
                                           The commenter does not suggest that                     regulatory action based on health or                  List of Subjects in 40 CFR Part 52
                                           the state’s submission does not meet the                safety risks subject to Executive Order                 Environmental protection, Air
                                           applicable requirements. We have                        13045 (62 FR 19885, April 23, 1997);                  pollution control, Incorporation by
                                           determined that the state’s submission                     • Is not a significant regulatory action           reference, Intergovernmental relations,
                                           met those requirements, and thus we are                 subject to Executive Order 13211 (66 FR               Nitrogen dioxide, Reporting and
                                           approving the SIP. States have authority                28355, May 22, 2001);                                 recordkeeping requirements.
                                           to adopt or enforce standards or                           • Is not subject to requirements of
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                                                                                                                                                           Dated: April 25, 2016.
                                           requirements for the control or                         section 12(d) of the National
                                           abatement of air pollution (except as                   Technology Transfer and Advancement                   Dennis J. McLerran,
                                           specifically limited by the CAA) under                  Act of 1995 (15 U.S.C. 272 note) because              Regional Administrator, Region 10.
                                           section 116 of the CAA, so we provided                  application of those requirements would                 For the reasons set forth in the
                                           a copy of the comment to Idaho                          be inconsistent with the Clean Air Act;               preamble, 40 CFR part 52 is amended as
                                           Department of Environmental Quality                     and                                                   follows:


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                                                                Federal Register / Vol. 81, No. 87 / Thursday, May 5, 2016 / Rules and Regulations                                              27019

                                           PART 52—APPROVAL AND                                         Authority: 42 U.S.C. 7401 et seq.                  Requirements for the 2010 NO2
                                           PROMULGATION OF                                                                                                 NAAQS’’ to read as follows:
                                                                                                    Subpart N—Idaho
                                           IMPLEMENTATION PLANS
                                                                                                                                                           § 52.670   Identification of plan.
                                                                                                    ■ 2. In § 52.670, the table in paragraph
                                           ■ 1. The authority citation for part 52                                                                         *       *    *     *      *
                                                                                                    (e) is amended by adding an entry at the
                                           continues to read as follows:                            end of the table for ‘‘Interstate Transport                (e) * * *

                                                                EPA-APPROVED IDAHO NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES
                                                                                  Applicable geographic or               State
                                               Name of SIP provision                                                                          EPA Approval date                    Comments
                                                                                    non-attainment area               submittal date


                                                     *                   *                        *                           *                     *                     *                  *
                                           Interstate Transport Require- State-wide ............................       12/24/2015      5/5/2016 [Insert Federal        This action addresses the fol-
                                              ments for the 2010 NO2                                                                     Register citation].             lowing      CAA      elements:
                                              NAAQS.                                                                                                                     110(a)(2)(D)(i)(I).



                                           *      *      *       *      *                           information about the docket available                 C. How can I file an objection or hearing
                                           [FR Doc. 2016–10452 Filed 5–4–16; 8:45 am]               at http://www.epa.gov/dockets.                         request?
                                           BILLING CODE 6560–50–P
                                                                                                    FOR FURTHER INFORMATION CONTACT:                         Under FFDCA section 408(g), 21
                                                                                                    Susan Lewis, Registration Division                     U.S.C. 346a, any person may file an
                                           ENVIRONMENTAL PROTECTION                                 (7505P), Office of Pesticide Programs,                 objection to any aspect of this regulation
                                           AGENCY                                                   Environmental Protection Agency, 1200                  and may also request a hearing on those
                                                                                                    Pennsylvania Ave. NW., Washington,                     objections. You must file your objection
                                           40 CFR Part 180                                          DC 20460–0001; main telephone                          or request a hearing on this regulation
                                                                                                    number: (703) 305–7090; email address:                 in accordance with the instructions
                                           [EPA–HQ–OPP–2015–0324; FRL–9945–48]                                                                             provided in 40 CFR part 178. To ensure
                                                                                                    RDFRNotices@epa.gov.
                                           Fluxapyroxad; Pesticide Tolerances                                                                              proper receipt by EPA, you must
                                                                                                    SUPPLEMENTARY INFORMATION:                             identify docket ID number EPA–HQ–
                                           AGENCY:  Environmental Protection                        I. General Information                                 OPP–2015–0324 in the subject line on
                                           Agency (EPA).                                                                                                   the first page of your submission. All
                                           ACTION: Final rule.                                      A. Does this action apply to me?                       objections and requests for a hearing
                                                                                                                                                           must be in writing, and must be
                                           SUMMARY:   This regulation establishes                      You may be potentially affected by                  received by the Hearing Clerk on or
                                           tolerances for residues of fluxapyroxad                  this action if you are an agricultural                 before July 5, 2016. Addresses for mail
                                           in or on multiple commodities which                      producer, food manufacturer, or                        and hand delivery of objections and
                                           are identified and discussed later in this               pesticide manufacturer. The following                  hearing requests are provided in 40 CFR
                                           document. BASF Corporation requested                     list of North American Industrial                      178.25(b).
                                           these tolerances under the Federal Food,                 Classification System (NAICS) codes is
                                                                                                                                                             In addition to filing an objection or
                                           Drug, and Cosmetic Act (FFDCA).                          not intended to be exhaustive, but rather
                                                                                                                                                           hearing request with the Hearing Clerk
                                           DATES: This regulation is effective May                  provides a guide to help readers
                                                                                                                                                           as described in 40 CFR part 178, please
                                           5, 2016. Objections and requests for                     determine whether this document
                                                                                                                                                           submit a copy of the filing (excluding
                                           hearings must be received on or before                   applies to them. Potentially affected
                                                                                                                                                           any Confidential Business Information
                                           July 5, 2016, and must be filed in                       entities may include:
                                                                                                                                                           (CBI)) for inclusion in the public docket.
                                           accordance with the instructions                            • Crop production (NAICS code 111).                 Information not marked confidential
                                           provided in 40 CFR part 178 (see also                       • Animal production (NAICS code                     pursuant to 40 CFR part 2 may be
                                           Unit I.C. of the SUPPLEMENTARY                           112).                                                  disclosed publicly by EPA without prior
                                           INFORMATION).                                                                                                   notice. Submit the non-CBI copy of your
                                                                                                       • Food manufacturing (NAICS code
                                           ADDRESSES: The docket for this action,                                                                          objection or hearing request, identified
                                                                                                    311).
                                           identified by docket identification (ID)                                                                        by docket ID number EPA–HQ–OPP–
                                           number EPA–HQ–OPP–2015–0324, is                             • Pesticide manufacturing (NAICS                    2015–0324, by one of the following
                                           available at http://www.regulations.gov                  code 32532).                                           methods:
                                           or at the Office of Pesticide Programs                   B. How can I get electronic access to                    • Federal eRulemaking Portal: http://
                                           Regulatory Public Docket (OPP Docket)                    other related information?                             www.regulations.gov. Follow the online
                                           in the Environmental Protection Agency                                                                          instructions for submitting comments.
                                           Docket Center (EPA/DC), West William                        You may access a frequently updated                 Do not submit electronically any
                                           Jefferson Clinton Bldg., Rm. 3334, 1301                  electronic version of EPA’s tolerance                  information you consider to be CBI or
                                           Constitution Ave. NW., Washington, DC                    regulations at 40 CFR part 180 through                 other information whose disclosure is
                                           20460–0001. The Public Reading Room                      the Government Printing Office’s e-CFR                 restricted by statute.
                                           is open from 8:30 a.m. to 4:30 p.m.,                     site at http://www.ecfr.gov/cgi-bin/text-                • Mail: OPP Docket, Environmental
ehiers on DSK5VPTVN1PROD with RULES




                                           Monday through Friday, excluding legal                   idx?&c=ecfr&tpl=/ecfrbrowse/Title40/                   Protection Agency Docket Center (EPA/
                                           holidays. The telephone number for the                   40tab_02.tpl. To access the OCSPP test                 DC), (28221T), 1200 Pennsylvania Ave.
                                           Public Reading Room is (202) 566–1744,                   guidelines referenced in this document                 NW., Washington, DC 20460–0001.
                                           and the telephone number for the OPP                     electronically, please go to http://                     • Hand Delivery: To make special
                                           Docket is (703) 305–5805. Please review                  www.epa.gov/ocspp and select ‘‘Test                    arrangements for hand delivery or
                                           the visitor instructions and additional                  Methods and Guidelines.’’                              delivery of boxed information, please


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Document Created: 2016-05-05 01:15:28
Document Modified: 2016-05-05 01:15:28
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis action is effective on June 6, 2016.
ContactFor information please contact John Chi at (206) 553-1185, or [email protected]
FR Citation81 FR 27017 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide and Reporting and Recordkeeping Requirements

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